Sri Subhas Chandra Guru v. Union Bank of India
Case brief
What is this about?
The Debt Recovery Appellate Tribunal at Kolkata addressed a transfer petition regarding a pending SARFAESI appeal. Due to the prolonged vacancy of the Presiding Officer at DRT-2 Kolkata and the urgency of the matter involving Section 14 orders, the Appellate Tribunal transferred the scheduled application from DRT-2 to DRT-3 Kolkata for disposal.
What did the court decide?
SARFAESI Application No. 588 of 2022 transferred from DRT-2 Kolkata to DRT-3 Kolkata for disposal.
What the court decided
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Transfer Petition No. 06 of 2023
(Arising out of S.A. No. 588 of 2022 in DRT-II, Kolkata)
THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
05.10.2023
Subhas Chandra Guru ... Appellants -VsUnion Bank of India & Anr
Mr. D. Basu Roy, Learned Counsel, Ms. Sarmistha Poddar, Ms. Shreya Basu, Learned Counsel for the Appellant Ms. Smriti Rekha Mishra, Learned Counsel for Respondent No. 1 & 2
THE APPELLATE TRIBUNAL :
Admission
Heard the Learned Counsel for the Appellant as well as Respondent No. 1 and 2.
Learned Counsel for the Appellant submits that SA No. 588 of 2022 is pending before DRT-2 Kolkata which is lying vacant as no Presiding Officer is posted there for quite a long time. Earlier additional charge of DRT-2 Kolkata was assigned to Presiding Officer Siliguri, that too expired on 31.08.2023. Thereafter, neither any Presiding Officer is posted in DRT-2 Kolkata nor additional charge is assigned to any other DRT.
Issues for consideration
2 issues framed by the court
Whether SARFAESI Application pending due to vacancy at DRT-2 Kolkata should be transferred to another tribunal.
What is the proper forum for disposal of the suspended appeal given the vacancy in DRT-2 Kolkata.
Parties & counsel
- appellant
Subhas Chandra Guru
- respondent
Union Bank of India
Coram
Anil Kumar Srivastava
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 · Sukhendu Kumar Narjary
- Order 2 — this page · Anil Kumar Srivastava
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